Revolutionary War Pension and Bounty Land Warrant Application File S. 29,134, Benjamin Elsworth, New York

SERVICE
NUMBER
New York
Elsworth Benjamin Ellsworth or
S 29,134
CONTENTS
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14.716 16 To Michigan New York 14.716 Benjamin E. H. Norton
of Yates Co in the State of N York who was a Private in the Company commanded by Captain Ransom of the Regt commanded by Col Hornbeck in the N York for Militia 7 months 15 days
Inscribed on the Roll of N. York at the rate of 21 Dollars 98 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 14 th day of June 1833 and sent H. W. Soper Batavia General
Arrears to the 4th of Mar 1833 $ 49:96 Semi-ant. allowance ending 1/ Sep 33 12 49
$ 62:45
{ Revolutionary Class Act June 7, 1833
Recorded by Geo B. Whiting Clerk Book E Vol. 4 Page 55
8. - 8 - 94
See Tra. Cir. 3 - Oct. 1
Transf d to Michigan 4 Sep 1833 - Oct 8 th
see letter Oct 13 1836 to Y. P. A. P.
See let to John Fleming Pen: agh 12 Dec 33
See let to Elli, Doty Pen:
agh Feb 28. 1835
Dead
Paid at the Treasury under the Act of the 6 th April 1838 &c. from 4 March 1836 to 10 July 1837. Age Notified 17 March 1843

Benjamin Ellsworth
Declaration
Pension
18358 ✓
Please make returns to Horace M. Soper Barnstable Massachusetts N.E.

State of New York Genesee County ss.
Personally appeared before me, the undersigned, a Justice of the Peace in and for the county of Genesee, Benjamin Ellsworth, a resident of the town of Elba, in the county of Genesee, and State aforesaid, who being duly sworn, deposeth and saith, that, by reason of old age and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades. — For one month he served as Sergeant, being his first service. — For one month, he served as 1 st Sergeant, when he was at San Joaquin. —
For two weeks at least he served as private when he was stationed on the Hudson River in what was called a Lieutenant's Guard. —
For one month he served as private at Kingsbridge and as a substitute for his brother Joseph Ellsworth. —
For one month he served as Sergeant at Hackensack, New Jersey. —
For one month at Dover and Rhinebeck he served as Sergeant. —
For one month at Haverstraw he served as private. —
For one month at Big Syndackie he served as private and for such service I claim a pension. —
And this deponent further says that as he stated in his declaration, he served in the war much more than the periods mentioned above — that he was one of the minute men, was out a great part of the time and on a great many alarms, with officers and without officers but that he is now so infirm and his memory is so much broken that he cannot state them distinctly and that he here by foregoes all his claims for a pension for such services — and he further saith not. —
Sworn and Subscribed this 7 th day of February 1833. before me Benjamin Ellsworth D. Fish S.P.

State of New York Seneca County } ss
I Timothy Fitch, Clerk of said county, do hereby certify that Libbiew Fitch, before whom the within affidavit purports to have been taken, was a Justice of the Peace in and for said county, and duly authorized by law to take the same: and that I am well acquainted with hand writing and do verily believe his signature to the certificate of taking said affidavit to be genuine.
In Testimony whereof, I have hereunto set my hand and seal of office this 19 th day of February 1833.
Timothy Fitch Clerk By P. Pringle Dep Clerk

Declaration of Benjamin Ellsworth, in order to obtain the benefit of the Act of Congress, passed June 7. 1832.
State of New York
Seneca County ss
On this twelfth sixteenth day of September October in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court, before the judges of the Court of Common Pleas, being a Court of Record, and having a seal, now sitting in the town of Waterloo in and for the county of Seneca and State of New York, Benjamin Ellsworth, a resident of the town of Elba in the county of Seneca and State of New York, aged seventy eight years on the 21 st day of March 1832, who being first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the benefit of the Act of Congress passed June 7. 1832.
That he entered the service of the United States under the following named officers and served as herein stated: That some time in the summer of 1775 but what month or day he cannot recollect, while he lived in New Paltz, in Ulster County in the State of New York, he went out as a volunteer in the N.Y. State militia in a company commanded by Captain Michael Drove, Ebenezer Perkins was 1 st Lieutenant William Welch 2 d Lieutenant and Daniel Worley, Ensign and was attached to Gen. Sackett's Regiment, and that a man by the name of Cantine, whose christian name he cannot recollect, was Major, that he went on scouting parties to Haverberg in Ulster County N.Y. and remained out one month on guard against the Indians, that he then returned home to New Paltz. That he served at this time Sergeant.
That in the year 1777 and as he thinks in the month of September or October he volunteered in the New York State militia with 14 or 15 others from the same company, under Capt. Pelay Rawson, who is now dead, 1 st Lieutenant, Nathaniel Potter, 2 d Lieut. Hugh Cole, Ensign, William Ellsworth, brother of the applicant, in Col. Hornbeck's Regiment, and went to Saratoga and was at the battle, but was not in it. That the Regiment to which he belonged took charge of the prisoners and went to Albany where he was discharged after having been out some time than a month and then went home. That at this time he was 1 st Sergeant.

That soon afterwards, but the precise time he cannot recollect he went out as a volunteer again, in what was called a Lieutenant's Guard and that Nathaniel Potter was his lieutenant and that he was stationed on the Hudson River to watch for vessels and prevent their passage up the River and that he was out a little more than two weeks. At this time he served as private.
That he volunteered again and went to Kingsbridge as a substitute for his brother Joseph Ellsworth, but at what time it is impossible for him to recollect, that Jacob Hawksbrook was his captain, and that he was attached to the Regiment of Levi Pudding, the Col. of the full months men. That he served there and kept guard about one month when his brother Joseph Ellsworth came on and took his place and he returned home. and served as private.
That some time in 1778, but at what time he cannot recollect, but thinks it was in the summer, he volunteered and went to Hackensack, New Jersey under Lieut. Col. Hornbeck. That Col. commanded as Lieutenant, that while there a party was sent to attack a detachment of British, but that the British got intelligence of an approach and fled. That he was out in the service at this time a little more than a month and he then returned home, he served as sergeant.
That soon after he volunteered and went to Dover and Rhinebeck under Capt. DeWitt, to take some Tories. That he went in a full Captain's Company that they took a number and brought them before a Committee who fined them and took their property. That he was out about a month and then returned home. He served as sergeant. That not long afterwards, but at what time he cannot tell he went to Warwarsing as a volunteer to guard the frontier and remained there more than two  one months under Col. Ransom, who, he thinks, was his captain. That he was frequently out at different times and places, that he frequently hired a substitute and paid him by the month, that he was frequently out on scouting parties at different times, two and three weeks at a time, that he was at Big Synnackin, back of Haverstrom one month , that his recollection as to the whole length of time that he was out is distinct, having from reflection and remembrance arrived at a general result without recollecting the

steps by which he arrived at it - that from such general recollection he is certain that he was out in the service in the revolutionary war more than two years that he is now infirmed, that his memory is much scattered and that his service in the war was at so many different times and places and under so many different officers that he cannot recollect them all - that he was a sergeant at this time. - That he is now aged 78 years and more, that he was born on the 21 st March 1754, that he has no record of his age, but thinks there is a Record in Newburgh in the State of New York where he was born and baptized and that he believes he is of the above age from information from his parents - that he resided in New Paltz aforesaid after the war 17 or 18 years - that he then resided in Seneca, in the county of Seneca, New York a short time - then in Prattstown in the county of Schoharie A.D. about 6 years, then in Penter, Yates County, 3 years and then came to the town of Elba, where he has resided about four years - That he never received any regular discharge from the discharge service, and has no documentary evidence of his service. That Benjamin Ellsworth Jr. his son and George Wright John Wright, who has been in the receipt of a Pension as a Revolutionary soldier for some time, live in his neighborhood, who can testify as to his character for truth and veracity and their belief of his services as a soldier of the Revolution, that there is no clergyman living in his neighborhood who is acquainted with him.
He hereby relinquishes every claim whatsoever to a pension or annuity except the present, and declares that his name is not on the pension roll of the Agency of any State.
Sworn to, and subscribed, the day and year aforesaid, in open court
Timothy Fitch Clerk
We, Benjamin Ellsworth Jr. and George Wright John Wright, residing in the town of Elba in the County of Genesee & State of New York and George Wright residing in Batavia in same County hereby certify that we are well acquainted with Benjamin Ellsworth

who has subscribed and sworn to the above declaration, that we believe him to be seventy eight years of age; that he is reputed in this and believed in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion, and that he is a man of truth and veracity.
B Elsworth
Sworn and Subscribed, the day and
Year aforesaid. in open court
Timothy Fitch Clerk
Benjamin Ellsworth George Wright
And the said court do hereby declare their opinion, after investigation of the matter, and after putting the interrogatories presented by the war department, that the above named applicant was a revolutionary soldier and served as he states. And the court further certifies, that it appears to them that Benjamin Ellsworth Jr. and George Wright  John  that is to say the said George Wright  Langbore who have signed the preceding certificate are residents in the town of Batavia & Benjamin Ellsworth Jr. said county and in the neighborhood of the said Benjamin Ellsworth and are credible persons and that their statement is entitled to credit.
Isaac Wilson William Fletcher Robert Carr
I, Timothy Fitch, Clerk of the Court of Common Pleas of the County of Genesee, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Ellsworth for a pension.
In Testimony Whereof, I have hereunto set my hand and the seal of said court, being my official seal this Sixteenth day of October 1832.
Timothy Fitch Clerk

County of Wayne ss:
On this twenty third day of September 1834 before me the subscriber a Justice of the Peace for the said County of Wayne personally appeared Benjamin Ellsworth Revolutionary Pensioner who on his oath declares that he is the same person who formerly belonged to the company commanded by Captain Peter Rawson in the Regiment commanded by Colonel Levi Paulding in the service of the United States; that his name was placed on the pension roll of the State of New York from whence he has lately removed; that he now resides in the Territory of Michigan where he intends to remain, and wishes his pension to be then payable in future. The following are his reasons for removing from the State of New York to Michigan Territory (viz) his children reside in Michigan and he wishes to be with his children. Sworn and subscribed to before me the day & year aforesaid.
R. H. Witherell
J. P. Bell
Territory of Michigan
County of Wayne ss: On the 23 d day of September
1834 before the subscriber a Justice of the Peace for said county personally appeared John Toba who on his oath declares, that Benjamin Ellsworth is the identical person named in an original certificate of Pension in his possession from the War department, and is also the same person who has sworn to, and subscribed the above Affidavit.
Sworn to, and subscribed before me the day and year aforesaid.
John Toba
R. H. Witherell
J. P. Bell

County of Wayne
I do hereby certify that John Toba the witness aforesaid is a person of truth and veracity.
B. H. Withersell as J. P. Clerk
Territory of Michigan County of Wayne
I Isaac S. Rowland Clerk of the Court of Wayne County, do hereby certify, that Benjamin F. H. Withersell is a magistrate as above, and that the foregoing signature, purporting to be his, is genuine.
In Testimony whereof I have hereunto affixed my seal of office & subscribed my name this twenty third day of September A.D. 1834
I. S. Rowland Clerk

29134 Rev  INVALID.
File No. 29,134
Benjamin Ellsworth
Rev Rev Rev
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 124
[Arrangement of 1870.]

State of New York Yates County } ss
Jonathan Presler of Seneca in the County of Ontario and State of New York being first duly sworn deposeth and saith that he is well acquainted with Benjamin Elworth late of the town of Pentow in the County of Yates aforesaid but now of the town of Elba in the County of Genesee State aforesaid, and that he was well acquainted with him previous to and during the Revolutionary War - and that he has been acquainted with him during most part of the time since that period - That during the War this deponent and the said Benjamin Elworth both lived in the Town of New Paltz in the County of Ulster State aforesaid and both belonged to Capt Pileg Ransom Company of Militia - That Capt. Ransom Company were called out a great - many times during the War to scout and keep guard against the Tories & indians - That the inhabitants were kept in continual alarm, by their - depredations, and the Militia were constantly out - That it was customary for a certain number of men out of Capt Ransom Company to turn out and go a tour of one month, when others - of the same Company would turn out and go and relieve those that had gone before - That he has no doubt but what when the said Benjamin was out in many of these short expeditions, but he does not distinctly recollect of seeing him and suppose they never happened to go to- gether; but he the said Jonathan - does distinctly recollect that the said Benjamin was at Kings Bridge near

New York, in the Fall of 1777 - Thinks he was in Capt Abraham Deyo's Company, Col. Palling Regiment -
And the said Jonathan Presler further saith, that in the Fall of 1777, Benjamin Elsworth was at Saratoga, at the taking of Brigantine - that this deponent and the said Benjamin went to the Northward against Brigantine together, and that the said Benjamin was gone in this Campaign two months, as this deponent well recollects, and he thinks probably over that time -
And further this deponent saith not Jonathan Presler
Subscribed & sworn - October 1 1833 before me
Sam. H. Hage
Master of the Peace
State of New York § County of Yates §
Jacob Whitney of Penton in the County and State aforesaid being first duly sworn, deponeth and saith, that he is well acquainted with Benjamin Elsworth of Elba in the County of Genese and State aforesaid, and late of Penton in the County of Yates aforesaid, that he knew him previous to, and during the Revolutionary war, and has known him ever since. That in the first of the war - Benjamin Elsworth, was out on a tour of one month, in the Militia in Dutchess County New York and that this deponent was with him, -
And the said Jacob further saith

that Benjamin Elsworth, was at the taking of Burgoyne in the year 1777, and was in in the Battle at Bemis Heights, and that this deponent was was there and saw the said Benjamin - That the said Benjamin was sent to Albany, after the Battle, with the prisoners, as a guard - What length of time the said Benjamin was out, at the taking of Burgoyne this deponent does not recollect
And this deponent further saith that Benjamin Elsworth was out about one month at Kakiat in Rockland County, New York, near the line of New Jersey - That the Militia under Capt. Ransom & Colonel Hornbeck was called out to guard the Frontiers, the British having burned the Town of Hackensack, in New Jersey near the line of New York State, and were stationed at Kakiat aforesaid, and the said Benjamin and this deponent, belonged to said Company and were there - That it was the next winter following after the surrender of the British Army under General Burgoyne -
And this deponent further saith that he saw the said Benjamin Elsworth on the Frontiers at Wardank in the County of Ulster & State of New York at another time in case of an alarm, but how long he cannot say -
And this deponent further saith that during the war, Benjamin Elsworth lived in the town of New Paltz, in the County of Ulster & State of New York, and that the Company to which the said Benjamin belonged, was called out, often, against the enemy during the war -

that the County of Ulster, and the surrounding country was very much harassed by the enemy during the whole war, and this deponent has no doubt but what the said Benjamin Elsworth was out and did other service beside those enumerated, which this deponent does not now recollect —
And further this deponent saith not —
Jacob Whitney
Subscribed & sworn. October 1. 1832 before me
Sam l Gage
Justice of the Peace
Benjamin Elsworth
State of New York County of Yates
I George Shearman clerk of said County of Yates do hereby certify that Samuel G Gage Esq — before whom the foregoing affidavits were sworn was at the time an acting Justice of the Peace in and for said County of Yates, and duly empowered by law to administer oaths. And I further certify that I am well acquainted with his hand writing and verily believe his signatures to the said Affidavits to be genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said County and of the Court of Common Pleas thereof at Prewyan this Second day of October 1832.
George Shearman Clerk

Benjamin Ellsworth Pension Affidavits

State of New York } ss. Yates County — }
I Samuel G. Sage the justice of the Peace before whom the annexed affidavit of Jonathan Pressler and Jacob Whitney were sworn to and subscribed do hereby certify that the said Jonathan Pressler and Jacob Whitney are personally known to me, are persons of credibility and that their statements are entitled to credit
Samuel G. Sage
State of New York
of Yates Co
I Richard M. Smith Deputy clerk of said county of Yates and of the Court of Common Pleas thereof do hereby certify that Samuel G. Sage Esquire whose name appears to the above certificate of Credibility of &c. was at the date of the said Certificate an acting Justice of the Peace in and for said county. And that I am well acquainted with the hand writing of the said Justice and verily believe his signature to the said certificate subscribed to be genuine. In testimony whereof I have hereunto set my hand and affixed the seal of said county and of the Court of Common Pleas thereof at Penn Yan this Twenty third day of February A. D. 1833.
R. M. Smith Deputy Clerk.

100
Hon. Lewis Cass
Secretary of War
Washington
D.C.
Pension Department.

Batavia Feb y 26 th 1833
Hon Lewis Cass, Secretary of War, Sir,
I herewith enclose the papers of Benjamin Ellsworth, amended. — It is affidavits now have the requisite certificate of credibility — He has made an affidavit himself, setting forth all the precise periods of his service that he can remember — yet he still says he spent all of three years in the war that he was constantly on the alert, but unfortunately for him he cannot swear positively to distinct periods of service for more than seven months and an half which are the only periods set forth in his declaration. —
The Department would relieve a needy and deserving man by acting on his case as soon as possible. —
Yrs. Truly, H. W. Soper

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
March 4 th 1843.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The child of Benj. Ellsworth, deceased Pensioner on the Roll of the Michigan Agency, at the rate of Twenty four — Dollars and 98 Cents per annum, under the law of the 7 th June / 1832, has been paid at this Department, from the 4 th of March 1836 to the 10 th July 1837.
Respectfully, yours,
Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

Benj m Colbworth of New York
91. 14
No Certificate

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benjamin Ellsworth which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served? No
V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled?
No service can be taken into the computation of a pension which is not definitely stated in all essential points as the regulations require. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? No
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion? Yes
IX. Has the Clerk given his certificate? Yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service ?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it ?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had ?
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? No Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service ?
XVI. ‡ Are the papers authenticated as the regulations direct ? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily ? And, if not, which of them is not so answered ? Yes
EXPLANATORY NOTES..
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
“ Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades : For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension.”

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

James L. Edwards Esq.
Commissioner of Pensions Washington

Mechanics Bank
New York 6 th Octo 1834
Sir
Benjamin Ellsworth a Private at $24 98. per annum mentioned in your Letter of the 3 rd Inst. was last paid by the former Agent up to the 4 th of September 1833.
I am Very respectfully Sir Yours &c.
M c Kimmins Postmaster
James L Edwards Esq r Commission of Pensions -

Pension Agency Detroit September 23 d . 1834
Sir -
Enclosed is the application of Benjamin Edwards Revolutionary Pension to be transferred from New York to this Agency to take effect from and after the 4 th March 1834, Please communicate the result to me.
Very respectfully Your Obt. Servt. E. Doty P. A.
H. Edwards Esq r Com r . of Pensions

N. York
Benjamin Ellsworth
- 14,716
Transf
Museum Office P. H. Gandy Secy Oct 2-16
Oct 2-16
Oct 2-16 Oct 2-16

1808 J. L. Edwards Esq. Com r of Pensions City of Washington